Lend Lease Project Management and Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2)

The case of Lend Lease Project Management and Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) was heard before the Federal Court of Australia. The dispute involved Lend Lease, an applicant, and the Construction, Forestry, Mining and Energy Union, a respondent. Lend Lease sought an interim injunction against the respondent unions, alleging breaches of orders made by Fair Work Australia, which aimed to stop industrial action at a construction site in Brisbane. The unions argued against the injunction, contending that they had not breached the Fair Work Australia orders.

The central legal issues before the court were whether Lend Lease had established a serious question to be tried regarding the unions' alleged breaches of the Fair Work Australia orders and whether the balance of convenience favoured granting the injunction. The court also needed to consider whether Lend Lease had shown that it would suffer irreparable harm if the injunction was not granted.

The court found that the evidence presented by Lend Lease was largely inferential and did not conclusively prove that the unions had breached the Fair Work Australia orders. The court noted that work at the site had resumed normally, and the unions had complied with the orders after receiving documentation from Lend Lease. The court concluded that there was insufficient evidence to justify the preservation of the status quo pending the trial. Therefore, the court decided that the injunction should not be maintained.

In light of the above, the court ordered that Orders 1 to 5 of 13 April 2011 be vacated. The court acknowledged that it had the benefit of additional material and time, which was not available to the previous judge. The court indicated that it would hear further directions from the parties on how to proceed with the case.